Service Availability Service Level Agreement (SLA)

Last Modified March 16, 2008

1. Coverage; Definitions

This Service Availability Service Level Agreement (SLA) applies to you ("customer") if you have registered account and your account is current (i.e., not past due). As used herein, the term "Service Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that www.smartwebpms.com web site is available for access by third parties via HTTP and HTTPS, as measured by Smart Web PMS.

2. Service Level

Goal:

Our goal is to achieve 100% Service Availability for all customers.

Remedy:

Subject to Sections 3 and 4 below, if the Service Availability of www.smartwebpms.com web site is less than 100%, Smart Web PMS will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services:

Service Availability

Credit Percentage

99.5 to 100%

0%

98% to 99.5%

10%

95% to 97.9%

25%

90% to 94.9%

50%

89.9% or below

100%

3. Exceptions

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Service Availability caused by or associated with:

circumstances beyond Smart Web PMS reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

failure of access circuits to the Smart Web PMS network, unless such failure is caused solely by Smart Web PMS;

scheduled maintenance and emergency maintenance and upgrades;

DNS issues outside the direct control of Smart Web PMS;

false SLA breaches reported as a result of outages or errors of any Smart Web PMS measurement system;

customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), any negligence, willful misconduct, or use of the Services in breach of Smart Web PMS's Terms and Conditions;

e-mail delivery and transmission;

DNS (Domain Name Server) Propagation.

outages elsewhere on the Internet that hinder access to your account. www.smartwebpms.com is not responsible for browser or DNS caching that may make your account appear inaccessible when others can still access it. Smart Web PMS will guarantee only those areas considered under the control of Smart Web PMS: www.smartwebpms.com server links to the Internet, Smart Web PMS's routers, and Smart Web PMS's servers.

4. Credit Request and Payment Procedures

To receive a credit the customer must make a request therefore by sending an e-mail message to . The e-mail message must include the master username of the customer's account in the "Subject" line. Each request in connection with this SLA must include the dates and times of the unavailability of customer's account and must be received by Smart Web PMS within ten (10) business days after the customer's account was not available. If the unavailability is confirmed by Smart Web PMS, credits will be applied within two billing cycles after Smart Web PMS's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.

Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Smart Web PMS and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Service Availability of customer's Web site.

Note: Credits are not refundable and can be used only towards future billing charges.